EB2-3 Predictions (Rather Calculations) - 2014

Quote:

---

Originally Posted by Kanmani

I always stood on the optimistic side and always differed from Spec's projection, but this time (strange!), I have a strong opinion that dates might end up closing 2009, which is of course my personal analysis.

I have been watching the perm and I-140 trend from last year, the FY2014 was a slow year for both the perm and I-140 in turn favored and set forth an imaginary blow for spillover rain, that in turn could have taken us to Nov 2009. That didn't happen. When we notice the uscis trend chart, whenever there is a backlog in the I-140, they tend the clear them when it reaches the break point. I am noticing those symptoms from the graph that FY 2015 could be the backlog clearance year.

This is my optimistic projection, but very much wishing at least a 12-14 months move next year. Let us see how the trend goes over the coming months.

---

Kanmani - can you provide more data? From memory , bulk I-140 approvals and PERM approvals happened only in one of the years in recent past and has not been repeated.

Quote:

---

Originally Posted by sportsfan33

I can sum up my thought like this: 485 denial due to factors that deem you ineligible for immigration is a catastrophic enough event that even your H1B status is immaterial at that point. DUI, domestic abuse or even minor criminal history can bar you from employment, get you fired and generally out you in a hole from which climbing out is very tough.

What are the other possible denial reasons? They all fall in 2 categories: a) stupid clerical errors and b) AC-21 blunders. You need to ensure you are not doing something really stupid to get a denial. Really, that's the only case you need the H1B for. This kind of denial is correctable and your case will be reopened, but you need to be in status meanwhile, and as spec explained, mostly all the time on EAD will immediately put you out of status.

Also, make your application AC-21 proof. This will require research. Find the labor code on original PERM and make a case that the new job would have been advertized with same/similar labor code. I also ensured that the new job requirements were "EB2 worthy".

Lastly, although minor, my previous employer did not revoke my I140 at all. Small time and small minded employers will do this to you, and who knows how the USCIS will react to it?

If you are covered on all fronts, it is safe to take a job on EAD. if you have any doubts, stay on your H1B.

---

So that takes us to the question of AC21. What if I did not file for AC21 or filed wrong AC21 and 485 got rejected? Is it possible to file Motion to re-open the case and get the GC.

Iatiam

Quote:

---

Originally Posted by suninphx

Kanmani - can you provide more data? From memory , bulk I-140 approvals and PERM approvals happened only in one of the years in recent past and has not been repeated.

---

Sun, Below is the I-140 pending graph of USCIS data, from which we can see there have been a significant backlog (marked in yellow) in the I-140 processing due to slow processing. I think they can't keep on going like this and at some point they tend to clear them.

Attachment 693

When coming to AC21, this is what I did.
My situation: my former employer may cancel my I-140. (They haven't done so far after leaving them for 2 years)
Anticipating a cancellation of I-140 I decided to do AC21. Before accepting the new job, made sure the job is AC21 compliant. Most of job change situations we undergo are AC21 compliant. Like changing from Systems Analyst to Software Engineer. To cover my base confidently I hired a lawyer who would do my AC21 as well as take care of my I-485 in case it has an RFE. I went with Ron Gotcher as he had a flat price package at that time that would take care of both of these including my spouse's I-485 for a flat fee.

Advantage of having a lawyer:
1. He will take care of the RFE and notify me even when I am out of the country.
2. Getting an RFE response or AC21 documentation from reputed lawyers will have different impact on immigration officer than getting from applicant himself.

Why spent money on lawyer:
My life here is dependent on that I-485. So I want the best protection I can get for it. I don't mind spending some money for that peace of mind.

Quote:

---

Originally Posted by bluelabel

If 485 denial is due to out of status for more than 180 days or criminal history or DUI or any other valid reason, why would even H1B will be approved. The existing H1-B may be revoked when USCIS realize that applicant was out of status. May be my understanding is not correct, Gurus can answer better.

---

bluelabel,

DUI may not impose a denial decision in my opinion. H1B can only be revoked by USCIS under fraud findings, even in a out of status scenario, they approve the petition without extending the status by not attaching the I-94 at the bottom of the notice.

Sportsfan,

While I am drafting my post, gcq has posted his, needless to say I agree with him.

In a scenario of I-140 revocation on retaliation, some adjudicators are in a urge to send a NOID rather asking for another EVL. For a person like me this news would bring a nervous breakdown, sleepless nights and things may go worse.

Hello Gurus.

My PD is Feb 2010. I missed the boat last time to file 485. Can someone help me when do you think I will get EAD.

I am looking for job change.

Any reply is greatly appreciated.

Thanks

Quote:

---

Originally Posted by eb22010

Hello Gurus.

My PD is Feb 2010. I missed the boat last time to file 485. Can someone help me when do you think I will get EAD.

I am looking for job change.

Any reply is greatly appreciated.

Thanks

---

Eb22010,

It is too early to predict at this time, I guess there is a 50% chance of getting your EAD next year this time i.e., around Oct 2015. If you are in the process of changing jobs, considering your situation to restart the GC all over again, this is for your information that the perm processing times have been increased and straight forward approvals are long delayed up to an year.

Take decisions according to your gut feeling and give importance to what is more worth in the pursuit of GC. All the best!

Quote:

---

Originally Posted by sportsfan33

First of all, when you change the job, it is not necessary to inform the USCIS. In fact, I would go a step further and say "don't do it". Especially so if you are with the TSC. You will get an EVL RFE anyway from the TSC. The time to "do AC21" is then.

Secondly, I am not sure if I understand what you mean by "wrong AC21". There are 2 things you send the USCIS when you inform them of a job change. The first is a new employment letter and the second is a cover letter that explains it. I do not understand how you can do this wrongly. When I said AC21 blunder, it meant you took a job you shouldn't have taken (i.e. something like you went on to become an investment banker from a software developer) under the AC21 stipulation. What you are describing is a "clerical error" perhaps, i.e. your lawyer sent a wrong EVL completely or mixed something else up.

At this point, unless I know that the lawyer is very competent, I would not hire one. You can do all of the paperwork yourself, do it correctly, and also save a lot of money and stress. You do not keep guessing if the lawyer did everything right. You are in charge and you should not make obvious blunders.

I do not know honestly the implications of 485 rejections and what options are available. Honestly speaking, I have not considered this as a possibility in this journey. Basically, if the 485 is rejected, I am screwed badly and planning ahead for it is not going to save much. On the other hand, by taking this possibility out of my mind completely, I can live stress free and be productive and energetic as always. It works for me. If you are a planner, think about planning for the unthinkable.

---

When I said "wrong AC21", this is what I meant. I work in the non-IT field and to make things simple let us use some symbology.

The whole premise of AC21 is "same or similar" jobs. Suppose I am some one with a masters degree in boat making. My first job was with a company which makes boats. They filed for 485, I quit after 180 days and my new job is to make a hovercraft. USCIS might argue that hovercraft making is not the same as boat making. If so, which stage does this argument pop-up? While filing AC21 or during 485 adjudication stage. My interest is in understanding how the AC21 process works. My lawyer said that there is no fixed format for AC21. So is it a document that we send to USCIS which they look at and shove it by the side until it is time to adjucate the application or is it some thing that they evaluate carefully.

BTW the boat making example is made up, but the scenario actually happened for a lot of my friends during the PERM stage. USCIS audited all the applications with the boat versus hovercraft argument. I have never seen such an issue with AC21, though.

On the issue of rejection, I am not that pessimistic. Having lived here for more than a decade and having broken just a few rules (except speed limits of course), I am fairly confident that things will turn out to be good.

Iatiam

Iatiam,

The interpretations of AC21 regulations look only for the job duties to be same or similar. Matching your example, one can be a fitter, assembler, painter in both the boat/hovercraft making industries. What is the end product doesn't matter but the alien's expertise matters.

Quote:

---

Originally Posted by Jagan01

Spec, Viz, Sports, gcq, bluelabel,

Thanks a lot for your responses. H1B should be the route to be taken.

The worrisome part is that "out-of-status" days are counted since the time you start using your EAD.

One more question. How and when do you actually switch from H1 to EAD ? Lets assume that H1 is expiring in Jan 2015. Then would the switch the EAD happen automatically on Jan 2015 or do I have to go to my employer and file a new I9 ?

---

You switch from H1B to EAD by asking your employer to file a new I-9 form using EAD as the employment authorization. Also make sure you do that before your current H1B expires.
As for accruing "out of status" when I-485 is denied, that accrual will start only on the day of denial, not on the day EAD is used.

Quote:

---

Originally Posted by Kanmani

Sportsfan,

While I am drafting my post, gcq has posted his, needless to say I agree with him.

In a scenario of I-140 revocation on retaliation, some adjudicators are in a urge to send a NOID rather asking for another EVL. For a person like me this news would bring a nervous breakdown, sleepless nights and things may go worse.

---

I thought NOID is different from the acutal denial, meaning if one gets an NOID, he/she can still respond and argue his/her case in favor and provide any missing documentation or correct a clerical mistake. Isn't NOID the trend USCIS follows rather than a straight denial ? That should still give you one last chance to reply back and provide EVL or whatever and save the misery an all out denial brings .

Gurus,

I have a question. What if one continues to work full time on H1 with his main employer, but also works part time on the side with a secondary employer using EAD? In that case, does H1 become invalid because the person is also using EAD?

Quote:

---

Originally Posted by vizcard

You answered the question yourself....sort of. Once you work on EAD for a different employer, your H1 is invalid and your legal status is "pending adjustment of status". Since ur h1 is not valid, consequently any h4 is invalid. A denial immediately puts u out of status. There might be some relief while appealing the decision. However if you had a h1, you would still be in a legal status. My advice to all is to maintain your h1b if possible.

---

Vedu,

H1B is valid through its validity period. You can switch to EAD/move to another H1B and come back to the same H1B position as long as the H1B is not revoked.

Quote:

---

Originally Posted by Kanmani

Vedu,

H1B is valid through its validity period. You can switch to EAD/move to another H1B and come back to the same H1B position as long as the H1B is not revoked.

---

So are you saying if a person leaves his H1B employer and joins another one on EAD and later finds that his 485 is denied for whatever reason, can he simply revert to his earlier H1b employer if the petition was never revoked and the job offer still exists ?
From what I have read this is a grey area and it may not be so simple to switch between pending AOS and H1b status

Additionally, isn't a employer required by law to revoke the H1B petition once the beneficiary resigns ? If yes, then above argument is a moot point anyway.

Spec- does USCIS publishes any data about denial reasons?

Quote:

---

Originally Posted by geniusmag

So are you saying if a person leaves his H1B employer and joins another one on EAD and later finds that his 485 is denied for whatever reason, can he simply revert to his earlier H1b employer if the petition was never revoked and the job offer still exists ?
From what I have read this is a grey area and it may not be so simple to switch between pending AOS and H1b status

Additionally, isn't a employer required by law to revoke the H1B petition once the beneficiary resigns ? If yes, then above argument is a moot point anyway.

---

geniusmag,

I should add 'alien is in a period of stay authorized by the Attorney General' to my above post.

In a situation of denial described by you, the alien can open a mtr and switch back to the existing H1B.

Employer is indeed required by law to revoke the H1B, but there is a allowed time limit for them, generally 6 months (as told by Murthy) and I assumed the above scenario happened during that time window.

Practically, if anyone changed jobs, disappointed and wanted to come back to the previous employer can utilize this option.

Quote:

---

Originally Posted by suninphx

Spec- does USCIS publishes any data about denial reasons?

---

suninphx,

Not to my knowledge. I've never seen such a document.

Immigrant and Nonimmigrant Visa Ineligibilities report by USCIS (Link)

Quote:

---

Originally Posted by suninphx

Spec- does USCIS publishes any data about denial reasons?

---

Quote:

---

Originally Posted by Spectator

suninphx,

Not to my knowledge. I've never seen such a document.

---

Ghost - excellent link. I noticed for immigrant visa i.e. GC roughly 300K grounds of inadmissibility and 200K cases when they overcome that inadmissibility. i.e. 100K resulted in denials. We know denials are 3-5%. Thus RFEs are 3 times that i.e. 9-15%.

In other words an 1 in 7-10 immigrants should receive one RFE as part of GC process.

Quote:

---

Originally Posted by GhostWriter

Immigrant and Nonimmigrant Visa Ineligibilities report by USCIS (Link)

---

Quote:

---

Originally Posted by Kanmani

Eb22010,

It is too early to predict at this time, I guess there is a 50% chance of getting your EAD next year this time i.e., around Oct 2015. If you are in the process of changing jobs, considering your situation to restart the GC all over again, this is for your information that the perm processing times have been increased and straight forward approvals are long delayed up to an year.

Take decisions according to your gut feeling and give importance to what is more worth in the pursuit of GC. All the best!

---

My PD is June 2010. I am stuck as you and could not change job. My guess is early 2015 or worst case to get an EAD is as Kanmani mentioned (but a correction NOT 50% , i am at 90% confidence level) next year this time.
It is not worth a job change with this condition of PERM and I-140 delays and worries on PERM audit , attorney errs, RFE etc..
if possible hang in there, lets hope for the best.

Quote:

---

Originally Posted by qriousjunta

My PD is June 2010. I am stuck as you and could not change job. My guess is early 2015 or worst case to get an EAD is as Kanmani mentioned (but a correction NOT 50% , i am at 90% confidence level) next year this time.
It is not worth a job change with this condition of PERM and I-140 delays and worries on PERM audit , attorney errs, RFE etc..
if possible hang in there, lets hope for the best.

---

I hope can get it by next October. At least EAD

Hello Q and Gurus,
I got one year EAD from TSC. Some folks are getting one year and others are getting two years EADs.What it means?Does this mean that one year EAD folks have chance to get GC next month?
Thanks!

Quote:

---

Originally Posted by helooo

Hello Q and Gurus,
I got one year EAD from TSC. Some folks are getting one year and others are getting two years EADs.What it means?Does this mean that one year EAD folks have chance to get GC next month?
Thanks!

---

They generally give one year for new applicants who apply EAD along with 485. For subsequent extensions they approve on two year basis.

Good luck!!!

Quote:

---

Originally Posted by gc2008

They generally give one year for new applicants who apply EAD along with 485. For subsequent extensions they approve on two year basis.

Good luck!!!

---

I am talking about first time filer.Some are getting one year and some are getting two years EADs.

Quote:

---

Originally Posted by helooo

I am talking about first time filer.Some are getting one year and some are getting two years EADs.

---

The implementation has never been consistent with the policy stated by USCIS ever since the combi-card was introduced. It is luck of the draw.

If the COD is current, the card should be issued for 1 year.

If the COD is not current, the card should be issued for 2 years.

The original Memo about this no longer seems to be available on the USCIS site (or at least it is not where it used to be).

From a Policy Memo issued in December 2010 :

Quote:

---

(2) Validity Dates.

If the immigrant visa is currently available, the I-766 Advance Parole EAD will have a validity period of one year.

If the immigrant visa is not currently available, then the I-766 Advance Parole EAD will have a validity period of two years.

(A) Visa Bulletin.

The decision to grant a one or two-year validity period will be based on the most recent visa bulletin issued by the Department of State, accessible at http://www.travel.state.gov/visa/bul...etin_5092.html.

As an example, as of November 1, 2010, EADs with a two-year validity period could be issued to Chinese or Indian nationals under the second preference employment-based visa classification and to all foreign nationals under the third preference employment-based visa classification whose priority date is after the dates listed or unavailable for those classifications. All other employment-based preference categories had an immigrant visa available on November 1, 2010. Therefore, USCIS officers would issue Advance Parole EADs to these applicants for a validity period of one year.

---

Quote:

---

Originally Posted by helooo

Hello Q and Gurus,
I got one year EAD from TSC. Some folks are getting one year and others are getting two years EADs.What it means?Does this mean that one year EAD folks have chance to get GC next month?
Thanks!

---

heloo Spec's answer seems pretty good to me. Those who issue EAD are not in the business of forecasting. They must be issuing EADs - 1 yr vs 2 - simply based on whether your date is current or not.

Hi Gurus,

I have a question. I saw some discussions earlier on this thread which were later deleted. My H1 visa stamped on passport expired in 2009, I haven't gone to India since then for fear of not getting stamped. I have renewals since then and my current 797 is till 2016. I got a chance to file 485 this year and filed on Sep 2. I plan to go to India in Dec of this year. I am expecting EAD in the end of November timeframe and plan to go only on receiving EAD/AP. I plan to retain H1 status for removing any remote issues with going on EAD and losing status later on. Now to the questions

1. Should I get H1 stamped in India? I read somewhere that I can use AP to re-enter without stamping and use H1 later on. Is that true?
2. If H1 stamping goes into administrative thing or has some issues, can I re-enter in AP and start using my EAD. Since they have my H1 issue in their system, will that create a hassle at port of entry.
3. Is it possible to retain H1 status for working and travel in/out using AP without using EAD for employment.

Thanks in advance for your answers.

sagar - it is sad you haven't been able to visit india for a long time. The answers to all your questions are in your favor. Go without any concern when you have an AP.

p.s. - Personally I wouldn't be so much afraid of H1 stamping. But you know your situation better. Once you have an AP .. don't worry.

Quote:

---

Originally Posted by saagar_is_cool

Hi Gurus,

I have a question. I saw some discussions earlier on this thread which were later deleted. My H1 visa stamped on passport expired in 2009, I haven't gone to India since then for fear of not getting stamped. I have renewals since then and my current 797 is till 2016. I got a chance to file 485 this year and filed on Sep 2. I plan to go to India in Dec of this year. I am expecting EAD in the end of November timeframe and plan to go only on receiving EAD/AP. I plan to retain H1 status for removing any remote issues with going on EAD and losing status later on. Now to the questions

1. Should I get H1 stamped in India? I read somewhere that I can use AP to re-enter without stamping and use H1 later on. Is that true?
2. If H1 stamping goes into administrative thing or has some issues, can I re-enter in AP and start using my EAD. Since they have my H1 issue in their system, will that create a hassle at port of entry.
3. Is it possible to retain H1 status for working and travel in/out using AP without using EAD for employment.

Thanks in advance for your answers.

---

Quote:

---

Originally Posted by Spectator

The implementation has never been consistent with the policy stated by USCIS ever since the combi-card was introduced. It is luck of the draw.

If the COD is current, the card should be issued for 1 year.

If the COD is not current, the card should be issued for 2 years.

---

Spec,
Thanks for your reply.Technically all the dates are current for folks who got EAD. I don't know about internal retrogression.I think different PDs have different EAD validity.PDs before July 2008 are getting one year validity and PDs after that are getting two years validity.May be USCIS can issue GCs to first time filer with PD before July 2008 and issued them one year EADs?

Hi All,

Just a qucik Question? Not relevant for the calculations but on H1 Extension. Moderators please move to appropriate location afterwards. My employer messed up with the checks for the H1 extension and the applications came back. They resubmitted and we got a recepit with a EAC number in the first week of Sep. My I-94 was expiring on Sep-28, since we get the EAC number should I consider this as in status or should I stop working till the application is approved? I have a 140 approved and at the 6 years end of H1. Taking into consideration of the speed and accuracy with which my employer works, I start this extension in June and still landed in a last min rush.

Appreciate a response. Do not want to land in a soup because of unknow rules.

Regards.

Ghost,

Thanks for the link. Very helpful.

Spec, Kanmani,

Seems like the majority of reasons for 485 denial are under 221(g) which is a very general category. Is there a specific reason why the 221(g) is used and can we at least guess what triggers 221(g).

Iatiam

Quote:

---

Originally Posted by saagar_is_cool

Hi Gurus,

I have a question. I saw some discussions earlier on this thread which were later deleted. My H1 visa stamped on passport expired in 2009, I haven't gone to India since then for fear of not getting stamped. I have renewals since then and my current 797 is till 2016. I got a chance to file 485 this year and filed on Sep 2. I plan to go to India in Dec of this year. I am expecting EAD in the end of November timeframe and plan to go only on receiving EAD/AP. I plan to retain H1 status for removing any remote issues with going on EAD and losing status later on. Now to the questions

1. Should I get H1 stamped in India? I read somewhere that I can use AP to re-enter without stamping and use H1 later on. Is that true?
2. If H1 stamping goes into administrative thing or has some issues, can I re-enter in AP and start using my EAD. Since they have my H1 issue in their system, will that create a hassle at port of entry.
3. Is it possible to retain H1 status for working and travel in/out using AP without using EAD for employment.

Thanks in advance for your answers.

---

You can travel with AP while working on H1. I did that since 2012.

Quote:

---

Originally Posted by iatiam

Ghost,

Thanks for the link. Very helpful.

Spec, Kanmani,

Seems like the majority of reasons for 485 denial are under 221(g) which is a very general category. Is there a specific reason why the 221(g) is used and can we at least guess what triggers 221(g).

Iatiam

---

I agree it is a good link.

It is not clear whether the report covers AOS cases under USCIS jurisdiction.

For all the other reports, the use of the term "visa" is generally used in the sense that it is issued at the Consulate. AOS is mentioned specifically in addition where the report covers it (e.g. Table V, VII).

If it covered AOS, I might have expected to see 245(k) listed as a refusal reason. That is an ineligibility specific to EB AOS cases.

The Visa Statistics are a DOS publication and they administer the CP processing, so detailed figures for CP cases only would not be a great surprise.

Ultimately, I don't know.

I agree it is disappointing that the bulk of the data is aggregated under a single code.

Quote:

---

Originally Posted by srimurthy

Hi All,

Just a qucik Question? Not relevant for the calculations but on H1 Extension. Moderators please move to appropriate location afterwards. My employer messed up with the checks for the H1 extension and the applications came back. They resubmitted and we got a recepit with a EAC number in the first week of Sep. My I-94 was expiring on Sep-28, since we get the EAC number should I consider this as in status or should I stop working till the application is approved? I have a 140 approved and at the 6 years end of H1. Taking into consideration of the speed and accuracy with which my employer works, I start this extension in June and still landed in a last min rush.

Appreciate a response. Do not want to land in a soup because of unknow rules.

Regards.

---

i'd check with your lawyers but I'm pretty sure you can work for a period of time while pending approval.

Quote:

---

Originally Posted by saagar_is_cool

Hi Gurus,

I have a question. I saw some discussions earlier on this thread which were later deleted. My H1 visa stamped on passport expired in 2009, I haven't gone to India since then for fear of not getting stamped. I have renewals since then and my current 797 is till 2016. I got a chance to file 485 this year and filed on Sep 2. I plan to go to India in Dec of this year. I am expecting EAD in the end of November timeframe and plan to go only on receiving EAD/AP. I plan to retain H1 status for removing any remote issues with going on EAD and losing status later on. Now to the questions

1. Should I get H1 stamped in India? I read somewhere that I can use AP to re-enter without stamping and use H1 later on. Is that true?
2. If H1 stamping goes into administrative thing or has some issues, can I re-enter in AP and start using my EAD. Since they have my H1 issue in their system, will that create a hassle at port of entry.
3. Is it possible to retain H1 status for working and travel in/out using AP without using EAD for employment.

Thanks in advance for your answers.

---

Saagar- you can use H1 as work authorization but you won't be in H1 status anymore once you use AP to enter US.

Quote:

---

Originally Posted by srimurthy

Hi All,

Just a qucik Question? Not relevant for the calculations but on H1 Extension. Moderators please move to appropriate location afterwards. My employer messed up with the checks for the H1 extension and the applications came back. They resubmitted and we got a recepit with a EAC number in the first week of Sep. My I-94 was expiring on Sep-28, since we get the EAC number should I consider this as in status or should I stop working till the application is approved? I have a 140 approved and at the 6 years end of H1. Taking into consideration of the speed and accuracy with which my employer works, I start this extension in June and still landed in a last min rush.

Appreciate a response. Do not want to land in a soup because of unknow rules.

Regards.

---

Agree with Viz that you should check with your lawyers. + A general information is you should file the H1 extn on or before the day your current H1 expires.
If your receipt date is earlier than Sep 28th you have covered all your bases and any further correspondence is treated as general. Another thing I would do is chk with the attorneys if the check has been en cashed by USCIS, generally they will with in couple of days after admitting the case. You need NOT to worry about working eligibility for next 180 days (gurus can pitch in and correct me if I am wrong with number of days) as you have a receipt notice which authorizes you to work during these 180 days till your H1 is approved.

Quote:

---

Originally Posted by qesehmk

sagar - it is sad you haven't been able to visit india for a long time. The answers to all your questions are in your favor. Go without any concern when you have an AP.

p.s. - Personally I wouldn't be so much afraid of H1 stamping. But you know your situation better. Once you have an AP .. don't worry.

---

Thanks Q, I have seen two of my colleagues who went to India and got stuck there and finally got jobs and settled back there. For me, with family and commitments and after seeing these two cases, I didn't choose to risk it. That is after doing MS here and having multiple years of experience. Anyways, can you elaborate what you mean all questions are in favor.

Quote:

---

Originally Posted by vizcard

You can travel with AP while working on H1. I did that since 2012.

---

vizcard, are you using H1 for work authorization or for status. From what I figured out from forums, these are two different things. I am not sure if using H1 for work authorization would or would not put you out of status if underlying 485 gets revoked for whatever reason.

Quote:

---

Originally Posted by suninphx

Saagar- you can use H1 as work authorization but you won't be in H1 status anymore once you use AP to enter US.

---

Thanks suninphx, that's what I understand from different sources of data. When you say won't be in H1 status anymore, how does it impact if something happens to underlying 485 and it gets rejected. The only reason I want to retain H1 is to be on safe side if something were to happen to 485. I had a colleague whose 485 got denied since underlying 140 was revoked and she suddenly went out of status. The underlying reason was that the conniving ex-company revoked 140 with an earlier date and the USCIS officer denied 485 with 140 thinking its less than 180 days of moving. She had to fight legally and got it resolved but it suddenly put her out of status and she switched to H4 on her husband's H1 for status and fought it. I won't have that luxury, so I am trying to cover all bases